Online CPD Module l Booklet l PowerPoint Presentation
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Online CPD Module
Presentation time: 90 minutes
As from 1 July 2015 barristers will be able to apply to the Law Society for approval to accept instructions directly from clients without an instructing solicitor, so long as that is not precluded by the forum or the type of work. Even with approval that option has conditions attached which apply to each client’s case.
The detailed examination and much debated review of the “intervention rule” has resulted in amended Rules 14.4 to 14.16 and 3.4 to 3.10 of the Rules of Conduct and Client Care. The changes are not a blanket removal of the need for a barrister to have an instructing solicitor. The devil is in the detail both with respect to the type of work that is permitted under the new rules and the protections for clients that barristers will have to comply with in accepting instructions directly.
Our presenters, with their experience in civil, criminal and family law will, focus on the practical implications and requirements of the new rules.
After this module you will be able to:
- Distinguish when you can act without an instructing solicitor and when that is not available.
- Recognise what you must do to apply to the Law Society for approval to accept instructions directly from a client.
- Apply the new Rule 14 to civil, employment, family and criminal cases.
- Identify what must be contained in the barrister’s letter of engagement with a client instructed directly
- Recognise what is required to set up and administer the taking of funds in advance, and accessing them, using a third party.
- Consider how to apply the best interests of the client and interests of justice tests that might limit direct instructions.
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Authors: Miriam Dean QC, Antony Mahon, Noel Sainsbury, Dr Duncan Webb
Published: 8 June 2015
For most of the history of the organised legal profession in New Zealand there has been a rule of practice known as the “intervention rule” under which a barrister sole must accept instructions only from a solicitor and may not accept instructions directly from a lay client. There are exceptions to the rule but they are relatively narrow and limited to special instances and do not include ordinary instructions. The existing exemptions are related to specified persons who may give instructions (such as the Court or New Zealand Law Society) and when acting in certain capacities (such as duty lawyer). From 1 July 2015 this will be changing.
For quite some time now there has been debate over the effectiveness and efficiency of the intervention rule. This was most vigorous within the legal profession but the issues were also raised in the wider community. This was not lost on Ministry of Justice officials during the work around the Lawyers and Conveyancers Act 2006. At their behest the current rules included a requirement that the Law Society review and determine whether to keep the intervention rule in force.
The review was commenced in 2010 and the profession was consulted as well as a number of other people and organisations. As expected, there was division of opinion within the professional ranks. After consultation the Law Society’s Council determined to create more extensive exceptions but to continue intervention rule requirements in certain areas rather than completely abolish the rules at that time.
This seminar will not revisit the debate. Rather it focusses on the implications of the changes and provides some guidance for those wishing to implement them.
The Minister of Justice, Hon. Amy Adams, has approved the amendments and the new rules apply from 1 July 2015. The Law Society’s Council adopted the new rules on 10 April 2015.
These are the slides included in the presentation.
Number of Slides: 30